The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-08-05
confidently expect that your verdict will
be IN accordance with the evidence, mo.
COL. Moong's POINTS.

Sois Vuoofe peRhu MS auureBA az i O'CLOCK
How natural, no eald, that the frat burp
Of public indignation should vent lie fore
upon the first object to which It's atten
ton was directed. We are not here +
say who did this; but we are hero toshow
Il we can, that the unhappy man ct the ba
did not do It..
How has the public mind been poiaon
ed against this MANI The newspaper
were full oil glaring accounts OF evil thing
done by the defendant. lie had murdered
bis first vile. He had tried to poison Mru
McWha. He had roasted d scholar |,
death, but when this case Ia taken up, no
q single one Of these witnesses Ia produced
before this Jury.
It is all circumstantial evidence, ant
while 1t Is true that all the business o
lie ia done upon circumstantial evidence
yet In this case 1t is necessary that all tn,
evidence shall point to this prisoner 40 thu
guilty party.
First, 1 shall group the i%uculpating evil
dence that tends to show his guilt.
Second, l shall group the exculpatip,
evidence that tends 10 show his innocence
Third, | shall group the evidence that 1.
inexplicable and cannot be grouped in
either the frat or the second class.
The place to me Is q gloomy one about
this McWha home, an old rookery, that
would be better all awept away.
Baker could not have been In that houee
over 20 minutes, II the testimony Is true,
The murderer had to strike Mrs. Nc VIVA
tivetimes. Hshad to strike Mrs. Bakerthree
times. He had to strip the clothes from
the bodies. He had to clothe them. He
mad TO bring In that tub OF water. He
had to put in all the clothes. He had 10
put those shoes under each bed. he had
to cleanse his own clothes. He had to
rummsge every drawer. He had 10 search
the house for the will OF his wife, he had
to do all this in 80 minutea. Gould any
one man have done all these things in
that time? -,
Alter examining the evidence OF the
witnesses tending to show the guilty man.
ner OF the prisoner, he attacked the eyi.
dence OF Bartly Campbell, characteriziup
him as q pimp and willing witness for the
prosecution, whose evidence was Contra.
dieted and unworthy OF belief.
The.third i~nculpating evidence ia as In
the dead child's clothes. II he had killed
his vile and her mother and walked
around in their blood would his conscience
have caused him to recoil from touching
these garments2
The fourth inculpsting evidence Is that
the route taken by him 10 the station was
for the purpose OF avoiding Browns
house. when the railroad took him within
almost as close proximity to Browns
house as would have the public road.
The filth inculpating evidence Is as to
his whereabouts at the time the door bell
was rung.
The sixth %inculpating evidence ia the
actions oil the prisoner to clear his clothes
OF blood. A fellow who keptt the station AT
the Cove saw him 90 to the spring before
he came to the station. Another fellow
at Hanlin's cav him pickingst his clothes
ana that fellow, 0.s. Lee, saw him in the
jail rubbing at his pants, and you are
asked TO believe there are evidences of
blood on such evidence.
Shakespeare makes Lady Macbeth, TO
cry out as she looks in terror at her dress.
"Ont, out damned spoil" when there was
no spot there. All the hallucinstion of
her deceased brain.
The sixth inculpating evidence ia the
mlBslng will Of Mira. Baker. What need
has Van Baker OF her will ? He knew That
Brown knew what vas in that will, the
contents can be proved and its destruc.
ton would do him no financial good.
The ninth inculpating testimony ia that
no property was taken.
No burglar ever takes out OF n housa
any jewelry unless he has a fence in eome
near place where 1t can be melted down.
The tenth excnlpsting evidence ia the
motive OF money. Col. Moore corrected
the amount OF the estate OF Mrs. Nc hs,
and made it about $1,000 that would 20 to
Mrs. Baker at the death OF her mother,
Van Baker ia not 8 coward or a sneak, nor
a miseEly man, aud his whole conduct as
shown to this court is entirely a~ntsgonis-
TIC to the theory OF his committing this
murder for money.
The eleventh is his hostility TO hie
mother-ln-law and wife. Nothing of this
appears in any Of the reliable evidence or
IN he letters Of the wife to the husband,
Alter q recess Of thirty minutes Col,
Moore resumed,
All the Testimony In the case is from
witnesses who testify direct-but thew
sre all fallible men, and what
ls worse, men who are filled with
the %preiudices which surround them.
therefore you must weigh carefully
81! that la given in evidence and receive It
with great caution. In support OF this
Co!. Moore quoted largely from Greenleaf.
l leave all this incnlpating evidence
with you, and believe you will come 10
the same conclusion that Ihave, and class
them as Milton did, when he described a
number Of things as passing over into the
paradise OF fools.
IN BAKERS FAVOR. a. 3
Now for the e~xculpating evidence:
Firat-That it is a strang circumstance
in favor Of the accused when he main.
tains a consistent story. He has from tho
beginning alleged substantially what he
has stated here on this stand to the end,
Seconds what l will no longer dwell
upon-l mean his nsturalness Of manner,
Fourth-The absence of blood stains
upon him. On the floor was a long out.
line OF q human form in blood, under the
stove q pool Of blood, the door leading to
the dining room emeared with blood,
blood everywhere. 1t was a slaughter
pen. On the clothing OF the women 80
much blood it needed water to soak Il
out; on Mrs. Baker's shoes blood that re.
CURED warm water to wash 1t out. The
bonnet bloody, blood everywhere; and
the slayer must have taken the garments
of must have carried the body Of The
wife to lay it on tho body of the mother
and vat not ono jvon - hla.l.- D.L-J
clothes.
That blood spurted eight feet to the
window and wall and ceiling. The State
say that they found evidence Of blood, but
Won did mt =ynpr orno,l I,